2019 Tennessee Code
Title 68 - Health, Safety and Environmental Protection
Health
Chapter 11 - Health Facilities and Resources
Part 16 - Tennessee Health Services and Planning Act of 2002
§ 68-11-1631. Qualified partial relocation of certain nursing home facilities.
(a) Notwithstanding any other law, the agency shall consider a certificate of need application for a qualified partial relocation of a nursing home facility.
(b) A certificate of need application for a qualified partial relocation of a nursing home facility refers only to the following circumstances:
(1) The holder of an unimplemented certificate of need issued under § 68-11-1628, prior to January 1, 2012, seeks to relocate within the same county a portion of the nursing home beds that are the subject of the unimplemented certificate of need; or
(2) An existing nursing home facility seeks to relocate to a new site within the same county up to fifty percent (50%) of its existing licensed nursing home beds; provided, that the nursing home facility meets all of the following criteria:
(A) The nursing home facility has at least one hundred eighty (180) licensed beds;
(B) The nursing home facility has operated for at least twenty-five (25) years at a location within five hundred feet (500′) of a general acute care hospital that has more than two hundred (200) licensed beds; and
(C) The general acute care hospital relocated to a new site within the same county and more than two (2) miles from its previous location.
(c) An application for a qualified partial relocation of a nursing home facility that does not seek to increase the number of licensed beds from the number of beds to be relocated shall be reviewed by the department and considered by the agency pursuant to § 68-11-1609(b), and shall not be considered new nursing home beds. The criteria of §§ 68-11-1621 and 68-11-1622 shall not apply to an application for a qualified partial relocation of a nursing home facility.
(d) If an application for a qualified partial relocation of a nursing home facility seeks to increase the number of licensed beds from the number of beds to be relocated, that portion of the application that increases the number of beds shall comply with § 68-11-1622, and shall be considered new nursing home beds. The remaining part of the application relative to the qualified partial relocation shall be reviewed by the department and considered under the criteria set out in subsection (c).
(e) In addition to the circumstances described in subsection (b), a qualified partial relocation of a nursing home refers to a request to relocate up to twenty (20) licensed nursing home beds from one (1) nursing home to another nursing home; provided, that the proposed relocation meets all of the criteria as follows:
(1) The current location and the proposed location of the nursing home beds are in the same county;
(2) The nursing home from which the beds will be located is licensed for over one hundred (100) beds;
(3) The nursing home at which the beds are currently located and the nursing home to which the beds will be relocated are under common ownership or control; and
(4) The site of the nursing home to which the beds will be relocated is on the campus of a rehabilitation hospital.
